It was around 6:00 PM, my wife was making a left-turn from a single-lane main road to our community and the front-left wheel&door of the car was hit by the other car which was making left turn to leave our community. There is a stop sign at the exit of our community but no stop sign or traffic light on the main road my wife was driving on. Before turning, my wife stopped to yield the traffic from the opposite direction. Her left turn light was on. Very likely the other driver didn't make full stop and only watched left side traffic (my wife supposed the other driver would stop and yield to her car so she turned). We heard in 99% case left-turn car is responsible for the accident. In our case both cars involved were making left-turn. Who should be responsible to this accident? Thanks!
Usually the person who is leaving the main road would have right of way over someone leaving a private road if all else is equal.
I understand that New York is a pure comparative negligence state. So I'd say the drivers share in liability. You may not like that answer but I bet you hear the same from the adjuster for the other driver. Turning from the main road should provide a "right of way" argument, but from what you said your wife did see the other car. So...... there is problem. If you have collision make a claim and let your company deal with that other company later. Good luck.
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Based upon the information provided your wife had the right of way, but that does not absolve her completely from some shared percentage of the liability. If you wife has any pain or injury I strongly urge you to consult with a personal injury attorney asap, as it is in your best interest to have an attorney handle the liability negotiations to maximize the result. Scene photos would be helpful, especially if the accident was at or about Route 347, Nicolls Road or the SB University area.
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Hi, if you have comprehensive coverage and or collision insurance your company will fix the car and then seek to get from the other car in inter-company (insurance company) arbitration. The only time that you need to be concerned about the liability issue is if your wife was hurt. I hope not. If she was, then she needs to continue with medical care, file no-fault papers with her company and get all bills paid through no-fault. I suggest that you see an attorney and see how she is feeling in a few months after the accident to determine if she has a case.
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